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63 <br />B <br />SECTION 3 - CONTRIBUTION REQUIREMENTS. <br />A. Private and municipal developments shall devote an amount not less than one <br />(1%) percent of Building Development costs over $250,000 for acquisition <br />and installation of Public Art on the development site. The Public Art shall be <br />installed on the development site in a public place that allows the Public Art <br />to be visible from a public right-of-way or from other public property. This <br />amount shall be the Program Allocation. <br />B. Private and municipal developments shall deposit an amount equal to ten <br />percent (10%) of the minimum percent for art allocation to the Cultural Arts <br />Fund to support Arts and Culture in San Leandro. <br />C. For large development projects in excess of one hundred million dollars <br />($100,000,000) of Building Development costs, the percent for art allocation <br />will be .9% of Building Development costs. <br />D. The contribution requirement of this section shall apply to commercial, <br />industrial and municipal projects, and residential projects that create three (3) <br />or more residential units. <br />E. All non-profit and affordable housing developments and structures that house <br />a Cultural Facility shall be exempt from the requirements of this section. <br />F. In lieu of Public Art on the private or municipal development site with Building <br />Development Costs of two-hundred fifty thousand dollars ($250,000) or <br />more, an owner or developer, at its discretion, may place a Public Art In- <br />Lieu Contribution in an amount equal to the Program Allocation into the <br />San Leandro Cultural Arts Fund, established by Section 5 to support Public <br />Art and Cultural Arts in San Leandro. The Public Art In-Lieu Contribution <br />shall be paid prior to the issuance of a building permit for the project on the <br />development site. <br />G. An owner or developer may incorporate Public Art into the development <br />that has a value lower than the Program Allocation and pay a Public Art In- <br />Lieu Contribution to the Cultural Arts Fund for the balance of the Program <br />Allocation. <br />SECTION 4 - PUBLIC ART COMPLIANCE. <br />The following Public Art and Cultural Arts may be used to satisfy the <br />requirements of Section 3: <br />A. a. On-site Artwork: On-site installation of Artwork that is created uniquely by <br />an Artist as defined in Section 2. <br />1. Sculpture: Free standing, wall supported or suspended, kinetic, <br />electronic or mechanical in material or combination of materials; <br />74